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Workforce Management Manual October 2020 Page 1 CAREER SERVICE WORKFORCE MANAGEMENT MANUAL An Executive Branch Guide for Planning and Implementing the Layoff and the Priority Placement Process DEPARTMENT OF HUMAN RESOURCES

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Workforce Management Manual October 2020 Page 1

CAREER SERVICE

WORKFORCE MANAGEMENT

MANUAL

An Executive Branch Guide for Planning and

Implementing the Layoff and the

Priority Placement Process

DEPARTMENT OF HUMAN RESOURCES

Workforce Management Manual October 2020 Page 2

Table of Contents

DEFINITIONS AND SUMMARY OF LAYOFF PROCESSES ..................... 4

SUMMARY OF THE LAYOFF PROCESS ............................................................................ 8

PART I. GIVING EMPLOYEES PRIORITY CONSIDERATION WHEN FILLING CAREER SERVICE VACANCIES ............................................. 10

A. PRIORITY PLACEMENTS ............................................................................................. 10

PART II. PLANNING FOR THE LAYOFF PROCESS .............................. 12

A. IDENTIFY DEPARTMENT LAYOFF COORDINATOR.............................................. 12

B. STRATEGIES TO AVOID EMPLOYEE LAYOFFS ..................................................... 12

C. DETERMINE WHICH EMPLOYEES ARE SUBJECT TO LAYOFF AND REQUEST

AUTHORIZATION TO PROCEED ................................................................................ 12

PART III. THE LAYOFF PROCESS ........................................................ 15

A. LAYOFF NOTICE AND LOUDERMILL MEETING .................................................... 15

B. DEPARTMENT LAYOFF COORDINATOR RESPONSIBILITIES ............................. 18

C. VOLUNTEERING FOR LAYOFF .................................................................................. 19

D. RESIGNATION OR RETIREMENT PRIOR TO LAYOFF ........................................... 20

E. RETIREMENT AFTER LAYOFF ................................................................................... 20

F. EMPLOYEES WHO ARE ON PROTECTED LEAVE (e,g., FAMILY MEDICAL

LEAVE) AT THE TIME OF LAYOFF............................................................................ 20

G. EMPLOYEES WHO ARE ON UNIFORMED SERVICES LEAVE AT THE TIME OF

LAYOFF ........................................................................................................................... 20

H. EMPLOYEES WHO HAVE CURRENT EMPLOYMENT COMPLAINTS OR ARE

UNDER INVESTIGATION FOR INAPPROPRIATE WORKPLACE CONDUCT ...... 21

I. EMPLOYEES WHO ARE SUBJECT TO A REDUCTION IN THEIR FTE ................. 21

J. EMPLOYEES WHO ARE LAID OFF............................................................................. 21

K. EMPLOYEES WHO FIND NON-COUNTY POSITIONS AFTER BEING LAID OFF 21

L. EMPLOYEES WHO FIND NON-COUNTY POSITIONS PRIOR TO EFFECTIVE

LAYOFF DATE ............................................................................................................... 22

PART IV. THE PRIORITY PLACEMENT PROCESS .............................. 23

A. ELIGIBILITY FOR PRIORITY PLACEMENT SERVICES .......................................... 23

B. INITIATING PRIORITY PLACEMENT SERVICES .................................................... 23

C. PRIORITY PLACEMENT ............................................................................................... 24

D. POSTING JOBS AND THE PRIORITY PLACEMENT PROCESS .............................. 25

E. INFORMATIONAL MEETINGS .................................................................................... 27

Workforce Management Manual October 2020 Page 3

F. DEPARTMENT DETERMINES CANDIDATE IS QUALIFIED .................................. 28

G. DEPARTMENT DETERMINES CANDIDATE IS NOT QUALIFIED ......................... 28

H. PAY UPON PLACEMENT OR RECALL....................................................................... 29

I. PROBATIONARY STATUS UPON RECALL OR PLACEMENT ............................... 31

J. BENEFITS ........................................................................................................................ 31

K. REMOVAL FROM THE PRIORITY PLACEMENT ELIGIBLITY LIST..................... 31

L. PRIORITY PLACEMENT PROCESS - ROLES AND RESPONSIBILITES ................ 32

M. PRIORITY PLACEMENT PROCESS BEST PRACTICES ........................................... 33

APPENDICES .......................................................................................... 35

APPENDIX A: SAMPLE/OPTIONAL REDUCTION IN FORCE ASSESSMENT

PROCESS FOR NON-REPRESENTED CAREER SERVICE EMPLOYEES ............... 36

APPENDIX B: RIF ASSESSMENT FORM - NON-REPRESENTED EMPLOYEES ........ 39

APPENDIX C: SAMPLE EMAIL TO CHIEF PEOPLE OFFICER AND DIRECTOR OF

PERFORMANCE STRATEGY AND BUDGET REQUESTING AUTHORIZATION

TO PROCEED WITH A PLANNED LAYOFF .............................................................. 41

APPENDIX D: SAMPLE OF PROPOSED LAYOFF NOTIFICATION for CAREER

SERVICE EMPOYEE (modify as needed; e.g., tailor it to represented or non-

represented) ……………………………………………………………………………42

APPENDIX E: SAMPLE OF LAYOFF NOTIFICATION for CAREER SERVICE

EXEMPT EMPLOYEE; these individuals are at-will and do not receive a “proposed

layoff notification” (e.g., appointed employees, Term-Limited Temporary) .................... 44

APPENDIX F: SAMPLE OF FINAL LAYOFF NOTIFICATION FOR CAREEER

SERVICE EMPLOYEES, ISSUED POST-LOUDERMILL (modify as needed to reflect

whether Loudermill was held or not held; and whether proposed layoff decision is

sustained or being rescinded) ........................................................................................... 46

APPENDIX G: LAYOFF PACKET (suggested documents to include in Layoff Packet that

accompanies the proposed layoff letter for career services employees or the layoff letter

for career service exempt employees) ............................................................................... 48

Loudermill Meeting - Rights and Options .......................................................................................... 49

King County Career Support Services and Priority Placement Programs .......................................... 51

Resources for Employees Who Are Laid Off ..................................................................................... 53

Making Life Easier and Employee Assistance Programs ................................................................... 56

Workforce Management Manual October 2020 Page 4

DEFINITIONS AND SUMMARY OF LAYOFF PROCESSES

The Workforce Management Manual (WFMM) is a resource guide for managers, supervisors,

human resources (HR) professionals and employees. It provides guidance on addressing

workforce reductions due to lack of work, lack of funds and/or implementing workplace

efficiencies. This includes guidance on administering layoff, recall, and the priority placement

processes.

A. Subject Title: “Workforce Management Manual” (WFMM) supersedes and replaces the

“Workforce Management Manual” dated April 2018. The WFMM will be updated as

needed by the Department of Human Resources (DHR).

B. Organizations Affected: The WFMM applies to all executive branch career service

employees. Where the WFMM conflicts with any applicable provision set forth in a

collective bargaining agreement (CBA), the CBA provision shall prevail.

C. Effect of Workforce Management Manual: The effect of the provisions of the WFMM

confers no new privilege, right of appeal, right of position, transfer, demotion, promotion,

recall nor reinstatement for any individual. The WFMM does not constitute an express or

implied contract. It provides general guidance that cannot form the basis of a private

right of action. The principles and procedures set forth in the WFMM are subject to

change and may be modified, suspended or revoked without notice in whole or in part.

The WFMM is located on the Department of Human Resources internet site under

“Separation of Employment” at:

https://www.kingcounty.gov/audience/employees/policy-forms/hr-policies.aspx

D. Definitions:

Adjusted service date: The most recent date of hire into a regular position, as backdated

for any prior eligible service that ended no more than two years before reemployment, or

other time period required by law. The service date is adjusted for unpaid leaves of

absence, including unpaid family leave, that exceed 30 calendar days. In this context,

eligible service means employment in a regular position; however, if an employee moves

from a term-limited temporary position into a regular position with no break in service,

employment in the term-limited temporary position will be included when establishing

the adjusted service date. In most cases, time spent in a short-term temporary assignment

will not be included when establishing the adjusted service date. Personnel Guidelines

Section 22.

Basis of merit: The value, excellence or superior quality of an individual’s work

performance, as determined by a structured process comparing the employee’s

performance against defined standards and, where possible, the performance of other

employees of the same or similar class. KCC 3.12.010 (D).

Budgetary furlough: means a circumstance in which projected county revenues are

determined to be insufficient to fully fund county agency operations and, in order either

to achieve budget savings or to meet unallocated budget reductions, which are commonly

known as contras, or both, cost savings may be achieved through reduction in days or

hours of service, resulting in placing an employee for one or more days in a temporary

furlough status without duties and without pay. KCC 3.12.010 (F).

Workforce Management Manual October 2020 Page 5

Career service employee (also referred to as regular career service employee): A

County employee appointed to a career service position as a result of a selection

procedure provided for in KCC Chapter 3.12, and who has completed the probationary

period. KCC 3.12.010 (G).

Career service position (also referred to as regular part-time or regular full-time career

service position): All positions in the county service except for those which are

designated as exempt by Section 550 of the King County Charter. … Divisions in the

executive departments and administrative offices as determined by the county council

shall be considered to be executive departments for the purposes of determining the

applicability of Section 550 of the charter. KCC 3.12.010 (H).

Career service exempt position (commonly listed as appointed, provisional,

probationary, term-limited temporary, short-term temporary, and interns): All elected

officers; the county auditor, the clerk and all other employees of the county council; the

county administrative officer; the chief officer of each executive department and

administrative office; the members of all boards and commissions; administrative

assistants for the Executive and one administrative assistant each for the county

administrative officer, the county auditor, the county assessor, the chief officer of each

executive department and administrative office and for each board and commission; a

chief deputy for the county assessor; one confidential secretary each for the Executive,

the chief officer of each executive department and administrative office, and for each

administrative assistant specified herein; all employees of those officers who are

exempted from the provisions of [KCC Chapter 3.12] by the state constitution; persons

employed in a professional or scientific capacity to conduct a special inquiry,

investigation or examination; part-time and temporary employees; administrative interns;

election precinct officials; all persons serving the county without compensation;

physicians; surgeons; dentists; medical interns; and student nurses and inmates employed

by county hospitals, tuberculosis sanitariums and health departments of the county.

Divisions in executive departments and administrative offices as determined by the

county council shall be considered to be executive departments for the purpose of

determining the applicability of Section 550 of the charter.

All part-time employees shall be exempted from career service membership except, all

part-time employees employed at least half time or more, as defined by ordinance, shall

be members of the career service. KCC 3.12.010 (H).

Career Support Services (CSS) Section: Work unit within the Department of Human

Resources which provides King County employees with a variety of programs, services

and resources to enhance career development and provides support to employees whose

positions are subject to a reduction in force.

Comparable Position: A position or classification that is in the same pay range or

having the same hourly maximum salary of the classification from which the employee is

being laid off, and the same FTE level (i.e., 1.0 FTE, .8 FTE, .5 FTE, etc.).

Conditional Release: Strategy used by DHR to allow departments to proceed with their

recruitment and selection process rather than holding the position for potential layoff

referrals. If given a conditional release by DHR, the Department is required to contact

DHR, in writing, requesting a final position release prior to making a job offer.

Department of Human Resources (DHR): Executive department delivering

centralized human resource services to County agencies.

Workforce Management Manual October 2020 Page 6

Furlough day: means a day for which an employee shall perform no work and shall

receive no pay due to an emergency budget crisis necessitating emergency budget

furloughs. KCC 3.12.010 (FF).

Furloughed employee: means an employee who is placed in a temporary status without

duties and without pay due to a financial emergency necessitating budget reductions.

KCC 3.12.010 (GG).

Informational Meeting: An informal meeting to assist the employee, whose position is

subject to a RIF, and the hiring authority in determining if the employee is a

potential/appropriate “match” for a vacant, available position.

Layoff: A reduction in force (RIF) due to lack of work, lack of funds, or considerations

of efficiency. Personnel Guidelines Section 22.

Layoff Coordinator: The department representative who has the authority to represent

the agency or department director in coordinating the administration of the agency’s

layoff process.

Loudermill meeting: Career service employees who are subject to layoff have a

constitutionally protected property right in continued employment. This means that prior

to the deprivation of employment (e.g., layoff) or deprivation of compensation under

employment (e.g., reduction in FTE) career service employees are entitled to notification

of their potential layoff and an opportunity to be heard. The opportunity to be heard is

via a Loudermill meeting or written submittal. See Cleveland Board of Education v.

Loudermill, 470 U.S. 532, 105 S.Ct. 1487 (1985) and Levine v. City of Alameda, Nos. 06-

15480 and 06-15481, D.C. No. CV-04-01780-CRB (9th Cir. May 13, 2008).

Non-represented employee: An employee whose position is not represented by a labor

organization.

Priority Placement Program: A program administered by DHR that provides priority

placement consideration for eligible career service employees who have received a layoff

notice. This process requires hiring departments, when practicable, to assess the

qualifications of such employees prior to, and/or independent of, others in the candidate

pool and extend a job offer if the employee meets the required qualifications.

Promotion: The movement of an employee to a position in a classification having a

higher maximum salary. KCC 3.12.010 (BBB).

Recall: A career service or civil service employee who is laid off due to lack of work,

lack of funds or considerations of efficiency, may be reemployed in his or her former

classification, in a similar classification for which he or she is qualified, in a lower

classification within the same classification series, or in any other classification deemed

appropriate by the DHR Director. Personnel Guidelines Section 19.4.

Reductions in force: Due to lack of work, lack of funds or considerations of efficiency,

employees may be laid off from their positions. In the event of a reduction in force due

to lack of work, lack of funds or considerations of efficiency, layoffs shall be conducted

at a department, division or section level. The order of layoff shall be conducted by class

on the basis of merit. Where two or more career service employees within a class are of

equal merit, county seniority shall determine the order of layoff as between those

employees. Where there is an applicable collective bargaining agreement, the order of

layoff shall be determined by the collective bargaining agreement. In lieu of laying off a

career service employee, the director may reassign the employee to a comparable, vacant

Workforce Management Manual October 2020 Page 7

position, when the director determines the reassignment to be in the best interests of the

county. KCC 3.12.300.

Regular position: A position established in the County budget and identified within a

budgetary unit’s authorized full time equivalent (FTE) level as set out in the budget detail

report. KCC 3.12.010 (GGG).

Represented employee: An employee whose position is represented by a labor

organization such as a union, guild, or association.

Salary or pay rate: An individual dollar amount which is one of the steps in a pay range

paid to an employee based on the classification of the position occupied. See Personnel

Guidelines Section 22; provisions set forth in collective bargaining agreement. KCC

3.12.010 (HHH)

Second review: An impartial review of the selection process and criteria used by a hiring

department to reassess whether a laid off employee who is eligible for priority placement

consideration is qualified for a specific position. This is sometimes to referred to as an

appeal. The “second review” request is made by the priority placement candidate after the

hiring department made a determination that the candidate is not qualified. The review is

conducted by DHR in collaboration with the hiring department.

Section: Agency’s budget unit comprised of a particular project program or line of

business as described in the budget detail plan for the previous fiscal period as attached to

the adopted appropriation ordinance or as modified by the most recent supplemental

appropriations ordinance. This definition is not intended to create an organization

structure for any agency. KCC 3.12.010 (III)

Workforce Management Manual October 2020 Page 8

SUMMARY OF THE LAYOFF PROCESS Summary Process for

Non-Represented Employees

Summary Process for

Represented Employees

I. Mitigating strategies

Once the department has determined position cuts are

necessary (generally in consultation with PSB) due to

lack of work, lack of funds or efficiency

considerations, consult with DHR on potential

alternatives and mitigating strategies to laying off

employees (e.g., postpone filling vacancies, Voluntary

Separation Program, volunteer layoffs, furloughs, etc.).

I. Mitigating strategies:

Once the department has determined position cuts are

necessary (generally in consultation with PSB) due to

lack of work, lack of funds or efficiency

considerations, consult with DHR and OLR on

potential alternatives and mitigating strategies to laying

off employees (e.g., VSP, volunteer layoffs, furloughs,

etc.).

Consult with OLR negotiator to determine if discussing

mitigating strategies with the union is required by the

CBA.

II. Identify positions to be cut:

Department determines potential/necessary position

reductions by classification per department, division or

section.

If more than 1 employee occupies the classification

within the organizational unit subject to RIF, inform all

those employees of the RIF and that the actual person

to be laid off will be based on merit.

Where two or more employees within a classification

are of equal merit, county seniority shall determine the

order of layoff.

II. Identify positions to be cut:

Department determines potential/necessary position

reductions; meet with OLR negotiator to review

application of CBA language.

Obtain/update current union seniority lists for

classifications in which layoffs are anticipated.

Identify the individuals who will be laid off using

applicable CBA provisions (e.g., position occupied by

the least senior employee in a classification).

Work with OLR negotiator to identify potential

bumping issues within and/or across work

units/agencies.

III. Review and approval:

Provide initial list of positions/employees subject to

layoff to DHR Director and OLR Director for review

and approval (OLR Director reviews to ensure there are

no representation or labor issues).

Provide final list of positions/employees subject to

layoff to Chief People Officer and Performance

Strategy and Budget (PSB) Director for review and

approval to proceed.

III. Review and approval:

Provide initial list of positions/employees subject to

layoff to DHR Director and OLR Director for review

and approval.

Provide final list of positions/employees subject to

layoff to Chief People Officer and Performance

Strategy and Budget (PSB) Director for review and

approval to proceed.

IV. Issuing layoff notice:

Seek direction from DHR/OLR (who will coordinate

with the Chief People Officer) on the timing of layoff

notices.

IV. Issuing layoff notice:

Seek direction from DHR/OLR (who will coordinate

with the Chief People Officer) on the timing of layoff

notices.

Workforce Management Manual October 2020 Page 9

There is no requirement of advance notice to

employees; however, it is recommended that agencies

provide at least a 30-day advance notice.

Issue proposed layoff notice that includes Loudermill

meeting opportunity.

Provide RIF list to DHR for county-wide tracking

purposes at time notices are issued, and updates as

changes occur. DHR coordinates list with OLR.

OLR negotiator will inform affected labor unions about

its members who are subject to layoff as a courtesy

and/or as required by their CBA.

Employees shall be given advance notice of being laid

off in accordance with their CBA. If the CBA is silent

about advance notice, it is recommended that

employees be given at least a 30-day advance notice.

Provide proposed layoff notice that includes notice of

bumping rights pursuant to CBA (if applicable) and

Loudermill meeting opportunity.

If employee exercises right to bump, the employee

being bumped receives a proposed layoff notice also.

Provide RIF list to DHR for county-wide tracking

purposes at time notices are issued, and updates as

changes occur. DHR coordinates list with OLR.

V. Loudermill meeting and final decision

Hold Loudermill meeting, if requested; make final

layoff decision; provide employee with post-

Loudermill notice decision.

V. Loudermill meeting and final decision

In consultation with OLR negotiator, hold Loudermill

meeting, if requested; make final layoff decision;

provide employee with post-Loudermill decision.

VI. Coordinate with DHR

Provide RIF list to DHR for county-wide tracking

purposes at time notices are issued, and updates as

changes occur.

Copy DHR on all RIF letters.

Employees with layoff notices, or already laid off, will

apply to open positions that have the same or lower pay

range and for which they feel qualified. DHR will work

with the agency to ensure employees are given priority

consideration for 2 years from layoff notification and

coordinate employee appeals.

DHR may run vacancy reports in NEOGOV to identify

previously advertised positions but not yet filled as

possible placement opportunities for employees.

DHR may also refer priority placement candidates to

hiring departments at anytime during the recruitment

process or place a conditional hold on a recruitment

process pending a referral.

VI. Coordinate with DHR

Provide RIF list to DHR for county-wide tracking

purposes at time notices are issued, and updates as

changes occur. DHR coordinates list with OLR.

Copy DHR and OLR on all RIF letters.

Departments, in consultation with OLR, will

administer CBA recall provisions when vacancies

occur in their respective agency.

Unless otherwise specified in a CBA, employees with

layoff notices, or already laid off, will apply to open

positions that have the same or lower pay range and for

which they feel qualified. DHR will work with the

agency to ensure employees are given priority

consideration for 2 years from layoff notification and

coordinate employee appeals.

DHR may run vacancy reports in NEOGOV to identify

previously advertised positions but not yet filled as

possible placement opportunities for employees.

DHR may also refer priority placement candidates to

hiring departments at anytime during the recruitment

process or place a conditional hold on a recruitment

process pending a referral.

Workforce Management Manual October 2020 Page 10

PART I. GIVING EMPLOYEES PRIORITY CONSIDERATION WHEN FILLING

CAREER SERVICE VACANCIES

A. PRIORITY PLACEMENTS

In general, there are three processes/programs that give employees priority access/consideration to vacant

positions prior to filling the positions through a competitive merit-based process. Unless otherwise stated in a

collective bargaining agreement (CBA), they are to be applied in the following order:

1. Collective Bargaining Agreement provisions. Departments must adhere to CBA provisions which

address placement, promotional or recall processes. Be sure to check these provisions before proceeding

to fill a vacancy through other County processes.

2. Qualified Disability Services’ Job Reassignment Program. The Reassignment Program is for non-

promotional referrals of qualified employees who can no longer perform their regular work because of a

disability but are able to work in another capacity. Reassignment Program staff conduct weekly queries

of the county’s job application tracking system to identify possible job opportunities for program

participants and will contact hiring departments when potential opportunities are identified.

3. DHR Priority Placement Program. This is a program administered by DHR that ensures eligible

career service employees who have received a layoff notice are given priority consideration prior to,

and/or independent of, others in the candidate pool and extend a job offer if the employee meets the

required qualifications and it is reasonably believed the employee can effectively perform the job duties

within the established probationary period. The general process is as follows:

a. Employees who receive a layoff notice or have since been laid off are responsible for regularly

reviewing the county’s job page, applying directly to positions for which they feel qualified, and

notifying DHR when they apply for a position.

b. Once DHR is notified by an employee that they applied for a position, DHR will notify the

department that the employee is a layoff for the purpose of priority placement.

c. DHR has the right to refer an employee directly to the hiring agency up until a job offer is

extended. (For a detailed explanation of this process, see Part IV of the WFMM).

Workforce Management Manual October 2020 Page 11

Summary of When Disability Services and DHR Must Review a Vacancy Before Being Filled:

Type of Vacancy to be

Filled

Is a Disability Services’ Job

Reassignment Program

Review Required?

Does DHR Need to Review

for Priority Placement of

Laid Off Employees?

Career Service Exempt Only when job is not posted

on the county’s job page No

Career Service Only when job is not posted

on the county’s job page

Only when job is not posted

on the county’s job page

Term-Limited

Temporary

Only when job is not posted

on the county’s job page

Only when job is not posted

on the county’s job page

Short-Term Temporary No No; however, DHR reserves

the right to request review.

Contract Worker At the agency’s request No

Special Duty No

Only when the assignment is

offered as a TLT that is

expected to last six months or

greater and it is not being

posted on the county’s job

page, and is not in conflict with

a CBA

Workforce Management Manual October 2020 Page 12

PART II. PLANNING FOR THE LAYOFF PROCESS

Once agencies have determined that reduction in force is necessary due to lack of work, lack of funds or

considerations of efficiency, they should work closely with PSB, DHR and OLR to develop a process to

identify the specific positions to be cut. Documentation supporting the RIF should be maintained by the

agency.

A. IDENTIFY DEPARTMENT LAYOFF COORDINATOR

Each department must appoint a Department Layoff Coordinator who has the authority to represent the

Department Human Resources Manager, division director and/or department director on the layoff process.

Names of the Coordinators are to be provided to DHR who will maintain the list.

B. STRATEGIES TO AVOID EMPLOYEE LAYOFFS

Once agencies have determined that a reduction in force may be/is necessary, they should consider

strategies/alternatives to reduce or avoid layoffs. Alternatives the department may want to consider include,

but are not limited to:

1. Postpone the filling of vacant positions;

2. Provide lateral transfer or voluntary demotion opportunities to vacant positions for career service

employees;

3. Determine if there may be potential attrition via resignations and retirements;

4. Terminate contract workers who are performing work that may be done on a temporary basis by regular

career service employees;

5. Layoff short-term temporary and term-limited temporary employees who are performing work that may

be done on a temporary basis by regular career service employees;

6. Encourage employees affected by consolidation, reorganization or budget reductions to apply for

promotions, demotions or lateral position placements in other non-affected work units;

7. Allow employees to volunteer to be laid off (see Part III C, Volunteering for Layoff);

8. Implement budgetary furlough (currently, to implement a furlough for non-represented employees, KC

Code requires the Executive to first declare a budgetary emergency; KCC 3.12F.020);

9. Utilize the county’s Voluntary Separation Program.

C. DETERMINE WHICH EMPLOYEES ARE SUBJECT TO LAYOFF AND REQUEST

AUTHORIZATION TO PROCEED

For both represented and non-represented employees:

1. Layoffs are conducted at the department, division, or section level, or in accordance with Reduction in

Force provisions of CBAs.

Workforce Management Manual October 2020 Page 13

2. Division Directors, in consultation with their Department Director, identify positions that may/will be

eliminated within their respective Divisions and the employees who will be affected/laid off as a result

(recognizing that employees who receive the initial layoff notice may not be the ones ultimately laid off

due to union bumping rights, etc.).

3. For non-represented positions: the order of layoff shall be conducted by classification within an

organizational level (i.e., department, division, or section) on the basis of merit as set forth in King

County Code KCC 3.12.300.

The department develops a merit based process/assessment which must be applied equally to all persons

in the classification for that organizational unit; e.g., if the agency determines that it will lay off a PPM

IV in a specific section, all of the PPM IVs in that section are subject to the review process. The

County’s Equity and Social Justice (ESJ) principles and values must be taken into consideration in the

development of an assessment process.

While assessment processes may vary between different classifications and/or agencies, they must be

reviewed by DHR’s Division Manager for Human Resources Service Delivery, or designee, prior to

implementation.

Examples of merit-based processes include but are not limited to:

a. Using an interview process, assess the employee’s competencies and/or knowledge, skills and

abilities (KSAs) required to effectively perform the job.

b. Assess the prior performance of each of the employees, as evidenced through documents such as:

• Prior performance evaluations

• Commendations

• Disciplinary records

• Attendance records - Do not consider use of leave that is job-protected leave, (e.g., FMLA,

KCFML, PFML, leave as a disability accommodation, military leave, etc.)

c. Agencies may also use a pre-developed reduction in force assessment process and form (see

Appendices A and B as example)

Where two or more non-represented career service employees within a classification have equal

merit as determined in the assessment process, County seniority shall determine the order of layoff

between those employees. County seniority is determined by the employees’ adjusted service date.

4. For represented positions: the Department Layoff Coordinator must consult with OLR about the

proposed position cuts to ensure compliance with applicable CBAs.

a. Departments are responsible for ensuring that employee seniority dates are current, particularly

ahead of a layoff process. The Department Layoff Coordinator works with the OLR negotiator

assigned to the respective contract to ensure that the department is working with a current union

seniority list.

Workforce Management Manual October 2020 Page 14

b. Many CBAs cover employees in more than one agency. These CBAs may have bumping provisions

where an employee subject to layoff may bump a less senior employee in another division or

department. Therefore, Department Layoff Coordinators should work with the OLR Negotiator to

assess their respective department’s RIF impact on other agencies.

c. Once departments determine what classifications will be impacted by the RIF, the Department

Layoff Coordinator works with the OLR negotiator to determine which represented employees in

those classifications will be impacted pursuant to CBA’s RIF provisions (e.g., order of layoff may be

based on seniority, the least senior employee in a classification being laid off first).

5. Preliminary layoff list: Department Layoff Coordinator compiles the following information to be

provided to DHR and OLR for each identified position:

a. Department

b. Division

c. Section

d. Work location

e. Classification

f. Position number

g. Employee Name

h. Race

i. Gender

j. Labor Union/CBA if represented

k. OLR binder number

l. Labor negotiator

m. PeopleSoft union code

n. Current FTE level (e.g., 1.0 FTE, .75, etc)

o. Salary range, step and salary table (if on a unique salary table)

p. Merit over the top (if applicable)

q. Additional pertinent information (e.g., is employee eligible for merit increase on January 1, is

employee on military or family medical leave, etc.)

r. Anticipated layoff date (last day of work)

s. Reason for layoff and references to any supporting documentation

6. The Department Layoff Coordinator develops a draft action plan which outlines and tracks the layoff

process and timelines for informing employees and unions of layoff decisions. For represented

employees, this must be done in consultation with the OLR negotiator. Timelines should account for

mitigation discussions with union leaders and advance notification to employees as required by CBA’s.

a. For non-represented employees, and for CBAs that do not specify an advance notice requirement, it

is recommended that departments provide at least a 30-day advance notice of a layoff.

7. The DHR and OLR Directors must review and approve the departments’ preliminary layoff list.

8. Following DHR/OLR approval, the list is forwarded to The Chief People Officer and Performance,

Strategy and Budget (PSB) Director for review and approval. A formal approval to proceed is required

even if they have seen a previous list or were involved in earlier discussions about the agency’s RIF.

The Department Layoff Coordinator should coordinate this communication with DHR and OLR. See

Appendix C for sample email requesting authorization to proceed with planned layoff.

Workforce Management Manual October 2020 Page 15

PART III. THE LAYOFF PROCESS

A. LAYOFF NOTICE AND LOUDERMILL MEETING

1. Non-represented career service employees.

a. After the merit-based assessment process has occurred in which non-represented career service

employees have been identified for layoff, and after approval from the Chief People Officer and PSB

Director to proceed, the Department Layoff Coordinator drafts the “Proposed Layoff Notification”

letter for Career Service Employees (see Appendix D for sample letter). A layoff packet should

accompany the letter that contains at a minimum (see Appendix G):

i. information about the employee’s Loudermill rights and a Loudermill Meeting Option Form,

ii. information about the County’s Career Support Services and Priority Placement Programs and a

Reduction in Force Elections Form,

iii. a list of resources/links for employees being laid off which provide information on a variety of

topics including benefits, retirement and unemployment (found here on the DHR website:

Employee Layoff Resources), and

iv. information about the Making Life Easier program (MLE) and Employee Assistance Program

(EAP).

b. Department Layoff Coordinator must seek direction from DHR/OLR (who will coordinate with the

Chief People Officer) on the timing of layoff notices.

c. Department Layoff Coordinator coordinates distribution of layoff notification packets; they should

be hand-delivered to the employee by department management and/or mailed to their home

addresses via certified mail. If an in-person meeting is not practical, the notification can be delivered

via email and discussed via a virtual meeting.

d. Copies of the letters are sent to DHR.

e. DHR will orient employees to the Priority Placement Program and related services. This may be

done individually, in groups, or on-line.

f. The Department shall offer a Loudermill meeting to give the employee an opportunity to meet with

the management decision-makers to better understand how management determined that their

position would be subject to potential layoff and to offer additional information to be considered

prior to a final decision being made.1 The appropriate management decision maker(s) and a

department or division human resource representative should attend the meeting and review any

information submitted by the employee.

No final layoff decision should be made regarding a non-represented employee until the employee

has either had the opportunity to provide additional input or declined the opportunity to do so.

1 The offer of a Loudermill meeting is required in order to provide an employee subject to layoff an opportunity to respond to the

layoff decision. Levine v. City of Alameda, Nos. 06-15480 and 06-15481, D.C. No. CV-04-01780-CRB (9th Cir. May 13, 2008). The

Loudermill opportunity applies to all career service employees, whether or not they are represented by a labor organization.

Workforce Management Manual October 2020 Page 16

g. If, after considering the information presented during the Loudermill process, the decision is made to

not layoff the employee, the department will inform the employee in writing and copy DHR.

If, after considering the information presented during the Loudermill process, the decision is made to

proceed with the layoff, the department will prepare and send the employee a final layoff notice (see

Appendix F – Final Layoff Notification for Career Service Employees, issued Post Loudermill).

2. Represented career service employees.

a. Department management consults with OLR negotiators on a plan to provide the respective unions

with advance notice of the reduction in force. OLR will provide this notice to the union(s) as a

courtesy and/or as required by their CBA.

b. The Department Layoff Coordinator drafts the “Proposed Layoff Notification” letter (see Appendix

D for sample letter). A layoff packet should accompany the letter that contains at a minimum (see

Appendix G):

i. a copy of layoff/reduction in force provisions from the employee’s collective bargaining

agreement (if the employee is represented),

ii. information about the employee’s Loudermill rights and a Loudermill Meeting Option Form,

iii. information about the County’s Career Support Services and Priority Placement Programs and a

Reduction in Force Elections Form,

iv. a list of resources/links for employees being laid off which provide information on a variety of

topics including benefits, retirement and unemployment (found here on the DHR website:

Employee Layoff Resources), and

v. information about the Making Life Easier program (MLE) and Employee Assistance Program

(EAP).

b. Department Layoff Coordinator must seek direction from DHR/OLR (who will coordinate with the

Chief People Officer) on the timing of layoff notices.

c. Department Layoff Coordinator coordinates distribution of layoff notification packets; they should

be hand-delivered to the employee by department management and/or mailed to their home

addresses via certified mail. If an in-person meeting is not practical, the notification can be

delivered via email and discussed via a virtual meeting.

d. Copies of the letters must be provided to the respective unions and DHR.

c. DHR will orient employees to services including the priority placement program. This may be done

individually, in groups, or on-line. DHR may also run NEOGOV reports to identify possible job

vacancies that were previously posted but not yet filled and may make priority placement referrals

for employees.

e. The Department shall offer a Loudermill meeting to give the represented employee an opportunity to

meet with the management decision-makers to better understand how management determined that

their position would be subject to potential layoff and to offer additional information to be

considered prior to a final decision being made. The appropriate management decision maker(s) and

a department or division human resource representative should attend the meeting and review any

Workforce Management Manual October 2020 Page 17

information submitted by the employee. Employees may have their union representative present as

well.

No final layoff decision should be made regarding a represented employee until the employee has

either had the opportunity for such input or declined the opportunity to do so.

h. If, after considering the information presented during the Loudermill process, the decision is made to

not layoff the employee, the department will inform the employee in writing and copy the union,

OLR and DHR.

If, after considering the information presented during the Loudermill process, the decision is made to

proceed with the layoff, the department will send the employee a final layoff notice (see Appendix F

– Final Layoff Notification for Career Service Employees, issued Post Loudermill).

3. Career service exempt employees.

a. Career service exempt employees are not eligible for priority placement services but are still subject

to layoff. These employees include:

• Appointed

• Probationary employees (although technically in a career service position, those who have

completed less than six months of their probationary period upon their initial hire with the

County are exempt from Career Service)

• Provisional

• Term-limited temporary

• Short-term temporary

• Student interns, work study students, veteran fellows

b. If career service exempt employees are identified for layoff, the Department Layoff Coordinator

should draft a layoff letter for each person (see Appendix E for sample letter, “Layoff

Notification for Career Service Exempt Employees”). A layoff packet should accompany the

letter that contains (see Appendix G):

i. a copy of layoff/reduction in force provisions from the employee’s collective bargaining

agreement (if the employee is represented),

ii. information about the County’s Career Support Services and Priority Placement Programs

and a Reduction in Force Elections Form,

iii. a list of resources/links for employees being laid off which provide information on a

variety of topics including benefits, retirement and unemployment (found here on the DHR

website: Employee Layoff Resources), and

iv. information about the Making Life Easier program (MLE) and Employee Assistance

Program (EAP).

c. While no Loudermill meeting is required for these at-will career service exempt employees,

departments may still offer to meet and discuss the layoff with these at-will employees.

d. If these employees are represented, the Department Layoff Coordinator must consult with the

OLR negotiator to determine if there are any additional steps pursuant to a CBA. The

Coordinator must also consult with the OLR negotiator on a plan to provide the respective

Workforce Management Manual October 2020 Page 18

unions with advance notice of the reduction in force. OLR will provide this notice to the

union(s) as a courtesy and/or as required by their CBA.

B. DEPARTMENT LAYOFF COORDINATOR RESPONSIBILITIES

1. Ensures layoff notification packets are hand-delivered to the employee by department management

and/or mailed to their home addresses via certified mail. If an in-person meeting is not practical, the

notification can be delivered via email and discussed via a virtual meeting.

2. Distributes copies of the layoff letters to the appropriate parties, including DHR, OLR and the unions

representing the employees.

3. Email each employee’s proposed, final, and if applicable, rescinded layoff notification letters and

completed Reduction in Force Election Form to DHR with the employee’s name in the subject line (DO

NOT batch or include multiple employees’ documents into one email or PDF file).

4. Place copies of layoff documents in the employee’s personnel file.

5. Compile final layoff list

a. Once bumping is completed for represented employees, Loudermill meetings with the affected

employees have occurred and volunteers layoffs (if any) have been identified, the Department

Layoff Coordinator, in consultation with OLR, compiles a final list of employees who will be laid

off or have their FTE reduced. The final layoff list is provided to:

• Chief People Officer

• Director of Performance Strategy and Budget

• Director of the Office of Labor Relations

• Department of Human Resources Director

• DHR

b. The layoff list should contain the following information:

• Department

• Division

• Section

• Work Location

• Classification

• Position Number

• Employee Name

• Race

• Gender

• Labor union/CBA

• OLR binder number

• Labor negotiator

• PeopleSoft union code

• Current FTE level (e.g., 1.0 FTE, .75, etc)

• Salary range, step and salary table (if on a unique salary table)

Workforce Management Manual October 2020 Page 19

• Merit over the top (if applicable)

• Additional pertinent information (e.g., is employee eligible for merit increase January 1,

is employee on military or family medical leave, etc.)

• Date of layoff notice

• Anticipated layoff date (last day of work)

• Position into which employee bumped (if applicable)

• Reason for layoff and references to any supporting documentation

6. Coordinate with affected employees’ supervisors the return of all County equipment, keys, work

materials, uniforms, business cards and their employee identification/bus pass badge.

C. VOLUNTEERING FOR LAYOFF

WAC 192-150-100 outlines how an employee may qualify for unemployment benefits when they have

volunteered to be a laid off during a reduction in force. The regulation states:

“(1) You will not be considered to have been separated from employment for a disqualifying reason

when:

(a) Your employer takes the first action in the separation process by announcing in writing to its

employees that:

(i) The employer plans to reduce its work force through a layoff or reduction in force, and

(ii) That employees can offer to be among those included in the layoff or reduction in

force;

(b) You offer to be one of the employees included in the layoff or reduction in force; and

(c) Your employer takes the final action in the separation process by accepting your offer to be

one of the employees included in the layoff or reduction in force, thereby ending your

employment relationship.

(2) This section does not apply to situations where an employer modifies benefits or otherwise

encourages early retirement or early separation, but the employer and employee do not follow the steps

in subsection (1)(a) through (c).”

1. This does not include represented employees unless their respective collective bargaining provision

provides for it or where their union representative and the Labor Negotiator, in consultation with

department management, reach an agreement to allow it.

3. Accepting or denying a request for voluntary layoff is within the discretion of management and the

employee has no right to be laid off, unless otherwise provided for under a collective bargaining

agreement. Accepting or denying a request for voluntary layoff must be communicated to the employee

in writing.

Workforce Management Manual October 2020 Page 20

4. Eligibility for unemployment compensation is subject to evaluation and determination by the

Washington State Employment Security Department. Managers and supervisors must not make any

assurances about eligibility for unemployment compensation.

5. If employees have questions, about unemployment, they should be directed to contact the Washington

State Employment Security Department to determine eligibility in the event of a voluntary layoff at: 1-

800-318-6022, or at:

https://esd.wa.gov/unemployment

6. Employees who volunteer to be laid off will be eligible for priority placement services if they meet the

program’s eligibility requirements.

7. Employees who volunteer to be laid off should be reminded that any vacation or sick leave cash out that

they receive may be used toward a COBRA payment.

D. RESIGNATION OR RETIREMENT PRIOR TO LAYOFF

If the career service employee resigns or retires in good standing prior to being laid off, the employee may

be eligible for rehire for up to two years after the date of the employee’s resignation. However, the

employee will not be eligible for priority placement services.

E. RETIREMENT AFTER LAYOFF

If an employee is laid off and then retires under a retirement plan by the Washington State Department of

Retirement Systems (e.g., PERS) or the Seattle City Employees’ Retirement System, the employee will not

be eligible for priority placement services.

F. EMPLOYEES WHO ARE ON PROTECTED LEAVE (e,g., FAMILY MEDICAL LEAVE) AT THE

TIME OF LAYOFF

An employee who is on protected leave (e.g., family medical leave) may be laid off, however, under no

circumstances may an employee be laid off because the employee is on protected leave. Department Layoff

Coordinators should consult with their Human Resource Manager prior to the department making a decision

to layoff such employees.

The employee may still be eligible for priority placement services if the employee is medically released to

work and available for work within two years of their layoff date. The employee must be able to perform

the essential functions of the position with or without reasonable accommodation.

G. EMPLOYEES WHO ARE ON UNIFORMED SERVICES LEAVE AT THE TIME OF LAYOFF

An employee who is on leave in the Uniformed Services may be laid off, however, under no circumstances

may an employee be laid off because the employee is on leave in the Uniformed Services. Department

Layoff Coordinators should consult with their Human Resource Manager prior to the department making a

decision to layoff such employees. The employee will be eligible for priority placement services if the

Workforce Management Manual October 2020 Page 21

employee reports back from leave in the Uniformed Services within time period(s) provided for in the

WFMM Part IV(C)(2).

H. EMPLOYEES WHO HAVE CURRENT EMPLOYMENT COMPLAINTS OR ARE UNDER

INVESTIGATION FOR INAPPROPRIATE WORKPLACE CONDUCT

An employee who has filed an employment complaint or who is under investigation for inappropriate

workplace conduct may be laid off and is eligible for priority placement services. However, under no

circumstances may an employee be laid off because the employee filed an employment complaint or is

under a work-related investigation. Department Layoff Coordinators should consult with their Human

Resource Manager prior to the department making a decision to layoff such employees.

I. EMPLOYEES WHO ARE SUBJECT TO A REDUCTION IN THEIR FTE

Unless as otherwise provided in their collective bargaining agreement, employees whose positions are

subject to a reduction in their full-time equivalencies (FTE) (e.g., 1.0 FTE reduced to 0.75 FTE), have a

choice to work the reduced hours or be laid off. In either case, those employees are eligible for recall and

priority placement services. The employee must elect to accept the reduced hours or leave County

employment by indicating such on the Reduction in Force Election Form.

J. EMPLOYEES WHO ARE LAID OFF

1. Unless otherwise allowed under a Collective bargaining Agreement, reductions in force are not subject

to the grievance process and not subject to appeal.

2. Employees who are laid off must return all County equipment, keys, work materials, uniforms, business

cards and their employee identification/bus pass badge.

3. If employees have questions about unemployment eligibility, compensation, etc., they should be directed

to contact the Washington State Employment Security Department at: 1-800-318-6022, or at:

https://esd.wa.gov/unemployment

4. An employee who is laid off may continue to pay for and receive medical, dental and vision benefits for

up to 18 months under COBRA. Finance and Business Operations will provide COBRA election

information to a laid off employee.

It is recommended that laid off employees review the County’s website on “Leaving Employment”

which includes a “Leaving Employment Checklist” to guide them through the separation process.

The website can be found at:

https://www.kingcounty.gov/audience/employees/benefits/leaving-employment.aspx

K. EMPLOYEES WHO FIND NON-COUNTY POSITIONS AFTER BEING LAID OFF

Employees who are laid off but find a non-County position after layoff may receive priority placement

services for up to two years after their date of layoff. However, employees may be removed from the list as

provided for in the WFMM Part IV (K).

Workforce Management Manual October 2020 Page 22

L. EMPLOYEES WHO FIND NON-COUNTY POSITIONS PRIOR TO EFFECTIVE LAYOFF DATE

Employees who receive a layoff notification and are hired into a non-County position PRIOR to the

effective date of layoff are considered to have resigned. Employees who resign are not eligible to receive

priority placement services.

Workforce Management Manual October 2020 Page 23

PART IV. THE PRIORITY PLACEMENT PROCESS

A. ELIGIBILITY FOR PRIORITY PLACEMENT SERVICES

1. To be eligible for priority placement services:

a. The employee successfully completed a probationary period upon initial hire with the County in a

regular career service or civil service budgeted position;

b. The employee successfully completed at least six months of a standard one-year probationary period

in a regular career service or civil service budgeted position;2

c. The position from which the employee was laid off was a regular career service or civil service

budgeted position;3

d. The employee received a proposed or final reduction in force notification without the ability to bump

into another position pursuant to a collective bargaining agreement or similar agreement.

▪ NOTE: An employee can participate in the Priority Placement Program as soon as they receive a

proposed notification of layoff, but actual placement into another position through this program

is contingent upon the employee completing or waiving their right to a Loudermill process, and

exhausting or waiving their CBA bumping rights if represented (except that employees can bump

into a lower level position and still be eligible for priority placement consideration; see item

B.1.h.4 below).

B. INITIATING PRIORITY PLACEMENT SERVICES

1. In order to receive priority placement services:

a. The employee receives a “Proposed Notification of Layoff ” (Appendix D), final “Layoff Notice”

(Appendix F), and “Reduction in Force Election Form” (see Appendix G).

b. The Department Layoff Coordinator immediately forwards a copy of the layoff notification letters

to DHR.

c. Upon receipt of the employee’s proposed layoff letter, DHR sends an email to the employee briefly

describing the priority placement process and related services. If possible, departments are

encouraged to allow employees the opportunity to work with DHR during regularly scheduled time.

d. The employee completes and sends to their Department Layoff Coordinator the signed “Reduction in

Force Election Form” within 10 business days of receiving his or her layoff letter.

2 An employee subject to a standard six-month probationary period whose probation has been extended beyond six months for one of

the reasons set forth in Personnel Guidelines Section 11.2, is not eligible for the priority placement referral program. 3 An individual who was employed in a King County Sheriff’s Office civil service position at the time of layoff may be placed into a

career service position, if qualified. An individual who was employed in a career service position at the time of layoff may not be

placeded into a civil service position due to civil service rules.

Workforce Management Manual October 2020 Page 24

e. The Department Layoff Coordinator immediately forwards a copy of the completed and signed

“Reduction in Force Election Form” to DHR. The election form allows the employee to choose to

be “enrolled” into the priority placement program.

f. Department Layoff Coordinators can request to schedule orientations and workshops at their

worksites. Approval to attend these events are at the discretion of the manager. The process utilized

to request and obtain approval shall be determined by work unit management. Departments may

require that requests and approvals be made in written form. Departments may require that approvals

specify the total amount of time the employee is approved to be away from the worksite. Where

normal work unit operations are difficult to maintain without the employee’s presence, requests may

be denied.

g. Although employees who separated from County employment are considered external candidates in

recruitment processes, if their separation was due to being laid off, they are still provided priority

placement consideration when applying for jobs and for which DHR has determined they are

eligible.

h. Once an employee receives a proposed notification of layoff, the employee may pursue multiple

opportunities concurrently to secure continued employment including applying for vacant King

County positions, participating in a Loudermill meeting or in a bumping process. Employees may

also concurrently exercise their rights using the priority placement services for any position in which

they are eligible and qualify.

1. While an employee can request priority placement consideration as soon as they receive a

proposed notification of layoff, actual placement into another position through the Priority

Placement Program is contingent upon the employee completing or waiving their right to a

Loudermill process, and exhausting or waiving their CBA bumping rights if represented (except

that employees can bump into a lower level position and still be eligible for priority placement

consideration; see item 4 below).

2. When a represented employee is offered and accepts any position as a result of a priority

placement process, the employee waives their right to exercise their bumping rights.

3. When a represented employee is offered and accepts a comparable career service position as a

result of a CBA bumping process, the employee is no longer eligible for priority placement

services.

4. When a represented employee is offered and accepts a lower level career service position, as a

result of a bumping process, the employee only remains eligible for priority placement services

to a comparable career service position that restores them back to pre-layoff conditions

C. PRIORITY PLACEMENT

1. Eligible Employees are provided:

a. Priority placement consideration in comparable or lower level career service and comprehensive

benefit eligible temporary positions, for which they may qualify, for two years from the employee’s

layoff date.

Workforce Management Manual October 2020 Page 25

b. An employee who is hired into a temporary position following a layoff notice (either through their

own application efforts, through a union bumping process, or as a result of a priority placement), is

eligible for priority placement back to a comparable career service position, for which they may

qualify, for the remainder of their two-year eligibility period.

c. An employee who is hired into a lower level career service position following a layoff notice (either

through their own application efforts, through a union bumping process, or as a result of a priority

placement), is eligible for priority placement back to a comparable career service position, for which

they may qualify, for the remainder of their two-year eligibility period.

d. Laid off employees can apply to comparable or lower positions anytime during the two-year

eligibility period and should be given priority placement consideration even if the actual selection

process begins or continues after the eligibility period expires.

e. Should the placement occur after the individual’s two-year eligibility period expires, then the

individual, while still hired, no longer has access to reinstatement benefits.

2. For employees serving in the military (Uniformed Services):

a. An employee laid off while serving in the Uniformed Services, will be eligible for two years of

priority placement following discharge. If an employee is called to duty while in priority placement

program, the County shall extend the former employee’s priority placement eligibility an amount of

time equivalent to what was remaining in the two-year eligibility period at the time the employee

was called to serve in the Uniformed Services. That extended period runs from the date that the

former employee reports back from the Uniformed Services. However, the total amount of priority

placement eligibility is not to exceed two years. In order to be eligible for priority placement or the

extension, the former employee must contact DHR within the following time period:

1. the employee’s Uniformed Services leave is 30 days or less, the employee must contact DHR the

next business day after the individual’s discharge and inform DHR that the employee is available

for priority placement services.

2. If the employee’s Uniformed Services leave is 31-180 days, the employee must contact DHR

within 14 days of discharge and inform DHR that the employee is available for priority

placement services.

3. If the employee’s Uniformed Services leave is 180 days or more, the employee must contact

DHR within 90 days of discharge and inform DHR that the employee is available for priority

placement services.

D. POSTING JOBS AND THE PRIORITY PLACEMENT PROCESS

1. Departments post their vacant positions on the King County job page for a minimum of five business

days or the minimum amount of days required by policy or CBAs.

Workforce Management Manual October 2020 Page 26

a. When conducting a concurrent recruitment for special duty assignment/term-limited temporary

position, candidates are eligible for priority placement consideration if the position will be filled as a

TLT.

b. When the position will not be posted, or if the department will hire from an existing candidate list,

the hiring department must first notify DHR about the need to fill the position. DHR will determine

if there are eligible candidates on the layoff list who potentially meet the required qualifications as

identified in the job posting. If none are identified, the hiring department may proceed with filling

their position. Should a candidate be identified, the department to conduct a qualifications

assessment with that individual.

2. Program participants should apply directly to the agency for posted positions for which they feel

qualified AND email DHR to determine if they are eligible for priority placement considerations for that

position. If an applicant informs the hiring agency they were laid off and the agency has not been

contacted by DHR about this applicant, recruiters must check with DHR to determine if the applicant is

eligible for priority placement consideration.

3. Once notified by the employee, DHR determines the participant’s eligibility for priority placement and

notifies the participant of their eligibility. Eligible participants will be given priority placement

consideration for positions that have the same or lower pay range and are the same or lower FTE level as

the position from which they were laid off (e.g., 1.0 FTE, 8 FTE, .5FTE, etc.).

Priority placement process will not result in a promotion.

4. Once the participant is deemed eligible, DHR notifies the hiring department that the applicant is a

priority placement candidate and must be given priority consideration for the vacancy. DHR is only

determining eligibility for priority placement consideration at this point; DHR is not assessing

applicants’ qualifications when they apply directly to the agency.

5. Priority placement candidates are not part of the competitive selection process that includes other

candidates and only need to meet required qualifications. To the extent possible, priority placement

candidates should be assessed independently from other candidates applying for the position. This could

include the hiring department placing the selection process for the rest of the candidate pool on hold

while they complete the assessment process for the priority placement candidate.

a. For selection processes that involve a large number of staff, or the filling of multiple vacancies, and

it is determined to be a hardship for the hiring department to run a separate process just for the

priority placement candidate, the hiring department may run a process for the pool of candidates that

includes the priority placement candidate. This should be done in consultation with DHR. A

decision on the priority placement candidate must be made first prior to extending a job offer to

another applicant.

6. As with any selection process, the assessment should evaluate the candidate’s qualifications and

transferability of competencies, and/or knowledge, skills, and abilities listed in the job posting.

However, if the applicant’s qualifications are not clear in their written materials, departments are

encouraged to conduct additional assessments (e.g., informational meeting, a phone screen, in-person

interview, etc.) to further determine if the candidate meets the requirements to move to the next step of

the selection process. Candidates must be evaluated on meeting required qualifications only. Desired

Workforce Management Manual October 2020 Page 27

qualifications may be explored during the selection process; however, the priority placement

candidate cannot be screened out for not meeting the desired qualifications.

7. Hiring departments should maintain all materials used as part of the assessment/evaluation process in the

recruitment file which will be requested by DHR in the event the employee appeals a department’s “not

qualified” decision.

8. In addition to employees applying directly to the agency, DHR reserves the right to refer eligible

employees to departments for priority placement consideration at any time during a recruitment process

up until a job offer is made to someone.

9. DHR may place a conditional hold on a vacancy pending the referral of a priority placement candidate.

In such situations, the department may not offer a position to another candidate until the referral has

been made and the department completes an assessment of the priority placement candidate to determine

if they are qualified for the position.

10. DHR may provide the candidate with pre-interview consultation and coaching. DHR may debrief with

the candidate following the interview.

E. INFORMATIONAL MEETINGS

1. An informational meeting or phone screen can be conducted in cases where it is unclear about the

transferability of the program participant’s competencies, knowledge, skills, abilities or qualifications

for the position. Informational meeting requests can be initiated by DHR or the hiring department.

2. DHR facilitates the meeting and attendees generally include a DHR representative, the program

participant, department human resource staff and the hiring manager. The department hiring manager or

HR representative provides information about the job, department, culture, etc. The program participant

shares information about their background, training, education, transferrable skills, competencies, and

other types of pertinent information related to the job.

3. If the department determines that the participant appears qualified, the participant will move forward

through the selection process (e.g., formal interview, testing, reference checking, personnel file review,

etc.) and a job offer should be extended if the participant passes each step of the process.

4. If the department determines that the participant does not appear to be qualified, the department will

email DHR following the meeting indicating the reason/s for the determination. This will be shared with

the participant. If the participant still feels qualified for the position, they may apply in order to go

through a formal selection process.

5. Informational meetings are not intended to replace the more formal assessment process; however, should

enough information be obtained during the meeting to make a hiring determination, the hiring

Workforce Management Manual October 2020 Page 28

department may choose to waive any further assessment process and simply hire the priority placement

candidate into the position.

F. DEPARTMENT DETERMINES CANDIDATE IS QUALIFIED

1. If the department finds the candidate meets required qualifications, it should still conduct and document

reference checks and an employee file review.

2. If a department is filling multiple positions performing the same body of work, departments should

make every effort to provide the priority placement candidate with a start date that is prior to the start

date of other candidates hired into the same classification.

3. If the priority placement candidate is hired, the hiring department completes all new hire paperwork

including a hire letter provided to the individual and sends an electronic copy of the letter to DHR. If

the candidate is currently employed by the County and the hire constitutes a lateral hire or demotion, no

pay approval form processing is required. If the candidate has been separated from employment, the

department processes the required pay approval forms for hires above Step 1.

a. If the individual is no longer employed in the County, the individual must also attend the County’s

New Employee Orientation (NEO) within seven business days of starting work. NEO is held every

Monday morning.

G. DEPARTMENT DETERMINES CANDIDATE IS NOT QUALIFIED

1. If the hiring department determines the candidate is “not qualified” during the selection process, the

hiring department notifies DHR and the candidate concurrently, documents its determination and

justification and maintains it in the recruitment file. The department hiring authority should contact

DHR to discuss their findings and justification prior to writing up the documentation.

a. A “not qualified” determination must be based on specific qualification/s the individual does not

possess, along with any other information which demonstrates why the individual was/should not be

hired. Information obtained from screening tools such as application materials, interviews, testing,

background checks, reference checks, employee file review, etc. may all be used in the department’s

determination.

2. DHR notifies the candidate that they may request a “second review” of the selection process should

the individual have concerns with the assessment.

3. DHR will either release the position or inform the department of a second review request. When a

second review is being requested departments may continue with their selection process BUT NOT

extend an offer.

4. Should a priority placement candidate request a “second review,” DHR will notify the hiring department

to send copies of the supporting documentation used in making their determination. Supporting

documentation may include but is not limited to:

Workforce Management Manual October 2020 Page 29

a. Job Posting

b. Written summary of required qualifications that candidate does not meet

c. Phone screening questions, criteria used and notes of the conversation

d. Interview questions, notes and rating criteria

e. Tests with questions, answers, rating criteria, and scores

f. Reference information

g. Any other documentation or written information used to make the assessment

5. DHR will review the documentation, consult with the hiring department and make a determination.

DHR will notify both the hiring department and candidate of its decision. If a determination is made

that the candidate meets the required qualifications for the position, the department must extend a job

offer.

6. Departments may not extend a job offer to a non-priority placement candidate until DHR provides

written notification that their position is released.

H. PAY UPON PLACEMENT OR RECALL

1. Use the employee’s pay range and step at the time of separation as the basis for determining the new

hourly or annual salary.

2. When determining pay, apply appropriate Cost of Living Allowance/General Wage Increase if this took

affect after the employee’s separation from employment.

3. If the individual was receiving merit pay over the top at the time of their separation from employment,

they will receive merit pay over the top upon recall or placement for the remainder of the period for

which the individual maintains eligibility to receive merit pay, unless otherwise provided by the

individual’s collective bargaining agreement. Prior to making a pay rate offer to the placed or recalled

individual, departments should examine the individual’s eligibility for merit pay based on the most

recent performance appraisal score and make a pay determination accordingly.

Workforce Management Manual October 2020 Page 30

PAY UPON PLACEMENT OR RECALL

If Then

An individual is placed or recalled into the

same classification or to a classification with

an identical pay range.

The individual’s pay will be at the same step in

effect at the time of separation from employment.

The actual pay will include any applicable cost-of-

living/general wage increase that took effect since

being separated. Special duty, work-out-of-class

and premium pays are not included in the pay

calculation.

An individual is placed or recalled into a lower

classification.

The individual’s pay will be at the step that is

closest to the pay in effect at the time of separation

from employment. The actual pay will include any

cost-of-living/general wage increases that took

effect since being separated. However, the pay

cannot exceed Step 10 of the lower pay range

unless the individual remains eligible for merit

over the top. Special duty, work-out-of-class and

premium pays are not included in the pay

calculation.

An individual is placed or recalled into the

same classification after having been placed or

recalled into a lower classification or after

having been demoted in lieu of being separated

from employment.

The employee’s pay will be at the same step in

effect at the time of separation from employment

or demotion. The pay will include any applicable

cost-of-living/general wage increase that took

effect while in the lower classification.

An individual is serving a probationary period

as a result of having been placed or recalled.

The individual may receive a step increase upon

completing probation at management’s discretion,

or in accordance with CBA provisions.

An individual was receiving merit pay over the

top step prior to separation from employment

and the individual’s most recent performance

evaluation score would have qualified the

individual to continue to receive merit pay.

The individual receives merit pay over the top step

for an eligible individual.

An individual was receiving merit pay over the

top step prior to separation from employment

but the individual’s most recent performance

evaluation score would not have qualified the

individual to continue to receive merit pay.

The individual’s pay will be at the same step in

effect at the time of separation from employment

or demotion. The individual may not receive

merit pay over the top step nor may the former

merit pay amount be used to calculate pay.

Workforce Management Manual October 2020 Page 31

I. PROBATIONARY STATUS UPON RECALL OR PLACEMENT

1. Unless otherwise specified in a CBA, employees placed in career service positions as a result of a

priority placement process, shall serve a probationary period of not less than six months or more than

twelve months of actual service.

2. In the event an employee is separated from employment and returns to the individual’s former position,

the employee may serve all or part of the probationary period for the position. Management has the

discretion to waive the probationary period, provided that the individual previously passed probation in

that position.

3. In the event a placed or recalled individual is not performing satisfactorily, the hiring authority may

extend the probationary period, provided that the employee serves probation no more than a total of

twelve months of actual service. The hiring authority may consult with DHR when the employee is not

performing satisfactorily prior to a termination.

4. In the event that an individual does not successfully pass the probationary period, and the reason was not

workplace misconduct, the individual remains eligible to receive priority placement services for the

remainder of their two-year eligibility period. The department representative or the employee should

contact DHR prior to a termination.

J. BENEFITS

1. Employees who are laid off continue to receive insurance benefits through the end of the month in

which they were laid off and may continue to pay for and receive medical, dental, and vision benefits for

up to 18 months under COBRA. Employees may also continue contributing toward their Health Care

FSA through the remainder of the calendar year when electing COBRA. If employees do not elect to

continue their FSA benefit, employees will need to expend their remaining benefit prior to the last day

of the year for expenses incurred prior to their layoff date.

Depending upon the circumstances, there are options for continuing group life insurance coverage

through portability or conversion.

For more details, go to the County’s website on “Leaving Employment” at:

https://www.kingcounty.gov/audience/employees/benefits/leaving-employment.aspx

2. Recalled or placed employees with a break in service will receive health benefits (medical, dental and

vision) and life & disability benefits effective the first day of the month following their recall or

placement or immediately upon recall or placement if re-employment begins on the first day of the

month.

K. REMOVAL FROM THE PRIORITY PLACEMENT ELIGIBLITY LIST

A recalled or placed employee will be removed from the priority placement list when:

1. The employee’s two-year priority placement eligibility period has expired.

Workforce Management Manual October 2020 Page 32

2. The employee is terminated for cause or did not pass probation in the position in which they were placed

for reasons unrelated to a poor skills match.

3. The employee accepted a comparable or promotional county career service position.

4. The employee’s layoff was rescinded.

5. The employee successfully bumped into another comparable position.

6. The employee resigns from the career service position prior to his or her layoff date.

7. The employee did not inform DHR of his or her change of address and/or contact information or fails to

respond to contact attempts by DHR.

L. PRIORITY PLACEMENT PROCESS - ROLES AND RESPONSIBILITES

1. Responsibilities of the employee being laid off:

a. Complete a Reduction in Force Election Form and return to Department Layoff Coordinator

b. Initiate contact with DHR for services

c. If requested, provide DHR with a current copy of their resume

d. Review the county’s job postings on a regular basis and apply directly for county jobs for which they

feel qualified during the posting period

e. Notify DHR of the positions to which they are applying

f. May contact DHR for assistance with application materials

g. May contact DHR for assistance in preparing for the interview

h. May request DHR to conduct a second review of the hiring department’s determination should the

department find the employee “not qualified” for a specific position

i. Respond to DHR phone calls and emails within 1 business day

j. May contact DHR for support during the probationary period as needed

2. Responsibilities of the hiring department:

a. Contact DHR when a position will not be posted on the county’s job page

b. Make a good faith effort to fully evaluate priority placement candidates’ qualifications during each

step of the selection process to include asking follow-up questions during the formal interview

process

c. Evaluate priority placement candidates prior to the remaining applicant pool, except in cases where

union bargaining agreements indicate differently or a hardship on the department would occur

d. Communicate directly and in a timely manner with priority placement candidates and DHR at each

step of the selection process; keep candidates apprised of their status and next steps

e. Notify both the priority placement candidate and DHR when the candidate is determined to be “not

qualified”

f. Document and maintain all records

Workforce Management Manual October 2020 Page 33

g. Prepare written documentation as to why the applicant was not qualified; provide to DHR along with

selection/testing materials if applicant appeals a “not qualified” decision.

h. Seek technical guidance from DHR at any point in the selection process and if questions or concerns

arise during the probationary period

i. May contact DHR for support during the individual’s probationary period as needed

3. Responsibilities of DHR:

a. Orient employees and department representatives about priority placement process and related

services es, policies, roles and responsibilities and additional resources

b. Provide tips, tools, resources and coach program participants in the development of all job

application materials, interviewing skills and job search efforts

c. Deliver on-site program orientations and workshops

d. Contact hiring department to inform them an applicant is a program participant and eligible for

priority placement

e. Identify vacant county positions and potential priority placement opportunities for new employees

entering the program

f. Conditionally hold vacant positions as necessary, until referral of priority placement candidate is

made

g. Maintain a list of employees who receive layoff notices, determine priority placement eligibility to

specific positions, and generate reports

h. Provide technical assistance and guidance to hiring departments and program participants

i. Notify the priority placement candidate of the “second review” process should the candidate have

concerns with the department’s assessment

j. Conduct “second reviews” of selection processes as requested by priority placement candidates

k. Provide support to hiring department and employee during the probationary period as needed

l. Manage the Countywide Layoff and Priority Placement process

M. PRIORITY PLACEMENT PROCESS BEST PRACTICES

1. Hiring departments clearly demonstrate going the extra mile at each step in the process to fully assess

priority placement candidates’ qualifications.

2. All evaluation/selection tools used to make the hiring decision are based on the required qualifications

stated on the job announcement.

3. Candidates may be evaluated on desired qualifications but cannot be disqualified for not meeting them.

4. Recruiter participates in each step of the selection process to support the hiring manager in exploring,

assessing and documenting the candidate’s qualifications

Workforce Management Manual October 2020 Page 34

5. Administering a test only serves as one method of evaluating a candidate’s skill; additional methods

such as related interview questions and verifying the candidate’s skill level during a reference check

process should be considered as part of the hiring decision

6. Hiring managers should consider if the candidate can be trained or obtain a specific knowledge or skill

to perform the body of work within the probationary period

7. Hiring managers should consider the individual’s transferable competencies, knowledge, skills and

abilities, as well as any related experience the individual possesses, which may not be recent

8. All justifications for not moving the candidate forward are documented in the recruitment file and based

on the required job qualifications and job functions as stated on the job announcement

9. All phone and email communications with the candidate are documented and kept in the recruitment file

10. If a County employee is providing a verbal reference for someone, they should document it in writing

for their own records

Workforce Management Manual October 2020 Page 35

APPENDICES

Note: The following sample templates do not necessarily reflect updated processes and should be modified to

address the agency’s particular situation and current processes.

Workforce Management Manual October 2020 Page 36

APPENDIX A: SAMPLE/OPTIONAL REDUCTION IN FORCE

ASSESSMENT PROCESS FOR NON-REPRESENTED CAREER

SERVICE EMPLOYEES

Layoff of non-represented employees shall be conducted by classification on the basis of merit at

the department, division, or section level. (King County Code 3.12.300.)

Step 1: Determine which non-represented classifications are subject to reduction in force.

Step 2: Determine if the reduction in force will be administered within the department, division,

or budget section (see requirement as set forth in KCC 3.12.300).

Step 3: Once steps 2 and 3 are completed, use those determinations to compile a list of the non-

represented “Layoff Group” (or groups) and those employees in the Layoff Group will be

formally assessed to determine who will be retained and who will be subject to reduction in

force.

➢ Establish a Layoff Group designation date based upon when that list is established.

The tool you will use for this is the “Reduction in Force Layoff Assessment Form for Non-

Represented Employees” (“Assessment Form”; Attached as Appendix B).

Step 4: Identify Subject Matter Experts (SMEs) familiar with the work performed by the

employees in the Layoff Group to develop Knowledge, Skills and Abilities (KSAs).

➢ Your agency Layoff Coordinator works with agency management to identify SMEs to

develop the KSAs to be used for the assessment. The SMEs group will also assign

“Weight Values” to each KSA for use on the Assessment Form. The SMEs typically

includes supervisors, managers, and others familiar with the work performed by the

employees in the Layoff Group.

Step 5: Develop a list of KSAs for the assessment. KSAs are the primary indicators for

successful performance of the positions needed to carry out the agency’s business plan.

➢ Knowledge – the possession of concepts and information gained through experience,

training and education

➢ Skills – the proficiency with task performance that can be demonstrated

➢ Ability – the demonstrated power to perform something physical or mental which may be

a natural aptitude or an acquired proficiency

The minimum number of KSAs listed for assessment is three and the maximum number is eight.

In developing the KSAs, the SMEs may utilize tools such as:

• The agency’s current business plan

• The agency’s strategic plan for future operations

Workforce Management Manual October 2020 Page 37

• A current King County classification specification related to the positions needed to carry

out the agency’s business plan

• A job analysis form

• A recent job posting related to the positions needed to carry out the agency’s business

plan

• A Lominger card sort, to identify the competencies for the positions needed to carry out

the agency’s business plan

Once developed, the KSAs to be used for the assessment are the same for all employees in the

Layoff Group.

Step 6: Develop “Weight Values” for KSAs. The Weight Value reflects the relevance and

priority of the KSA. The Weight Values are 1= desirable, 2 = important, and 3 = critical. A

KSA assigned a Weight Value of 2 is twice as important as a KSA assigned a Weight Value of 1.

A KSA assigned a Weight Value of 3 is three times as important as a KSA assigned a Weight

value of 1.

In developing a Weight Value consider:

• The importance of KSA as compared to the other KSAs -- is it critical, important, or just

desirable?

• The complexity of the KSA; is it difficult or easy?

• The frequency with which important and complex duties are performed; are they

conducted daily, weekly, monthly or annually?

Once developed, the Weight Values used for the assessment are the same for all employees in

the Layoff Group.

Step 7: Your agency Layoff Coordinator works with agency management to collect the

following information and documents from the personnel files of each employee in the Layoff

Group:

• The adjusted service date

• Performance Appraisals completed over the last two years from the date that the Layoff

Group was determined

• Commendations received over the last three years from the date that the Layoff Group

was determined

• Disciplinary Action imposed over the last five years from the date that the Layoff Group

was determined

• Corrective action, including disciplinary action, imposed for attendance issues over the

last three years from the date that the Layoff Group was determined

Step 8: Determine who will serve on the Assessment Review Group.

Workforce Management Manual October 2020 Page 38

➢ Your agency Layoff Coordinator works with agency management to identify at least

three assessors assigned to the Assessment Review Group who will score each employee

in the Layoff Group. The assessors may be compiled of some or the same employees

who served as KSA SMEs such as the supervisor of the Layoff Group, the division

manager over the Layoff Group, and the human resources representative for the Layoff

Group.

Step 9: Your agency Layoff Coordinator fills in the following information on the “Reduction in

Force Layoff Assessment Form” for each employee in the Layoff Group and provides the pre-

filled forms (one for each employee) to each member of the Assessment Review Group:

• Department/Division/Budget Section Name: (Bold and underline the level at which the

reduction in force will be administered; see Step 3)

• Employee Name

• Employee Classification

• Employee Adjusted Service Date

• Date the that Layoff Group was determined

• Date of Assessment

• KSAs as determined by SMEs (in order from highest Weight Value to lowest Weight

Value: 3 to 2 to 1)

• Weight Values as determined by SMEs (in order from highest Weight Value to lowest

Weight Value: 3 to 2 to 1)

Workforce Management Manual October 2020 Page 39

APPENDIX B: RIF ASSESSMENT FORM - NON-REPRESENTED EMPLOYEES

Workforce Management Manual October 2020 Page 40

Attendance

Issue

Occurrences

Score

Discount

(Enter score) Subtotals

0 -2 -

0 -4 -

0 -6 -

0 -6 -

-

Total Attendance

Issue Score

Deduction

(Negative total, if

applicable)

0

Employee Adjusted Service Date:

RIF/Layoff Group Designation Date:

Total Service Length (IN MONTHS)

(RIF/Layoff Group Designation date -

Employee Service Date):

Total Length

of Service in

Complete

Months

Section 7 - Additional Comments (e.g., documented commendations or areas of other concern):

Review Group Assessors:

Name printed

Name printed

Name printed

Employee Supervisor/Manager:

Name printed

Division HR Service Delivery Manager (or

designee) :

Name printed

Division or Dept. Director (or designee):

Name printed Signature and Date

Signature and Date

Signature and Date

Signature and Date

Review and Signatures (signing below indicates that the signee has reviewed and approved of the details and score of

Signature and Date

Signature and Date

Section 5 - TOTAL ASSESSMENT SCORE

Section 6 - Length of Service:

Enter employee service date. Length of service will serve as a tie-breaker in RIF assessments in instances

0.00

Attendance Issue(s)

Meal and break periods beyond authorized (-2 points)

Excessive tardiness (-4 points)

Excessive unscheduled absences (-6 points)

Absences without approved leave (-6 points)

Section 4 - Attendance Issue Score: (Deductions in score)

If there have been no documented attendance issues, enter N/A in this section.

See WFMM Appendix A: Reduction in Force Assessment Process for Non-Represented Career Service should be read as a guide

when completing this form.

Layoff Group Designation Date:

Department/Division/Budget Section:

Employee Name (Last, First):

PeopleSoft Employee ID:

Weighted Value

per KSA

[Assign 3 (max),

2 or 1]

Employee

KSA Score

[even values

only =

10 (max),

8,6,4,2,or 0]

Subtotals

TOTALS

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 Total KSA score

Section 2 - Performance Appraisal (PA)

Ratings: Performance Appraisal ratings for

the last two years Total PA Score

Number of

Reviews per

rating

PA Score

Assigned per

Rating Subtotals

Outstanding/High

Performance or Above

Standard/Exceeds

Expectations (+10) 0 10 0

Satisfactory/Meets

Expectations (+5) 0 5 0

Non-Satisfactory/Needs

Improvement or below (+0) 0 0 0

0

Total PA score

(cannot exceed

20)

Number of

Occurences

Score

Discount

(Enter score) Subtotals

0 -2 -

0 -4 -

0 -6 -

0 -8 -

0 -10 -

-

Total Disciplinary

Action Score

Deduction

(Negative total, if

applicable)

Reduction in rank or pay (-4 points)

Suspension of three days or less (-6 points)

Suspension of four or five days (-8 points)

Suspension over five days (-10 points)

Section 3 - Disciplinary Action Score: (Deductions in score)

If there have no documented disciplinary actions, enter N/A in this section.

Disciplinary Action(s)

Written Reprimand (-2 points)

List Knowledge, Skills and Abilities below:

See WFMM Appendix A: Reduction in Force Assessment Process for Non-Represented Career Service should be read as a guide

when completing this form.

Section 1 - Employee Knowledge, Skills and Abilities (KSAs) Assessment:

Workforce Management Manual October 2020 Page 41

APPENDIX C: SAMPLE EMAIL TO CHIEF PEOPLE OFFICER AND DIRECTOR OF

PERFORMANCE STRATEGY AND BUDGET REQUESTING AUTHORIZATION TO

PROCEED WITH A PLANNED LAYOFF

RE: The department of X is requesting approval to proceed with notifying unions and

employees of the following reduction in force:

Provide a table with that includes, but is not limited to:

• Department:

• Division:

• Section:

• Location:

• Classification:

• Position numbers:

• Employee Names:

• Race, gender, age

• Labor Union:

• Labor Negotiator:

• PeopleSoft Union Code:

• Current FTE level (e.g., 1.0 FTE, .75, etc):

• Salary range, step and salary table (if on a unique salary table)

• Merit over the top (if applicable)

• Anticipated layoff date (last day worked)

• Reason for reduction

Workforce Management Manual October 2020 Page 42

APPENDIX D: SAMPLE OF PROPOSED LAYOFF NOTIFICATION for CAREER

SERVICE EMPOYEE (modify as needed; e.g., tailor it to represented or non-represented)

Delivered via <Method of transmission; e.g.,

email, hand delivery, U.S. Mail, certified mail>

Date

<name>

<Address>

<city,state, zip>

RE: Notice of Proposed Layoff

Dear <Employee Name>:

This letter is to give you notice that the Department of <specify> is proposing to eliminate your

position of <classification>, effective <Month, Day, Year>. <Brief explanation of why the

department is taking this action>. It was a difficult business decision that had to be made

which unfortunately affects your position, but we are providing you with notice now to allow

you as much time as possible to plan and prepare for this transition.

Enclosed with this letter is a packet containing important information about your layoff rights

and benefits. Please review and carefully consider this information as soon as possible. Included

in this packet is:

1. a copy of layoff/reduction in force provisions from your collective bargaining agreement

<delete this line if the employee is not represented>,

2. information about your right to provide additional information before a final decision is

made, including a Loudermill Meeting Option Form (action required),

3. program information about the County’s Career Support Services and Priority Placement

Programs designed to help employees facing a layoff, including a Reduction in Force

Elections Form (action required),

4. a list of resources/links for employees being laid off which provide information on a

variety of topics including benefits, retirement and unemployment, and

5. information about the Making Life Easier program (MLE) and Employee Assistance

Program (EAP).

If you have questions about any aspect of the layoff process, please contact <Name>, our

department Layoff Coordinator. <If employee is represented, add: As a represented an

employee, I also encourage you to contact your Union representative if you have questions

about your contractual rights.>

I know this is difficult news to receive. As a reminder, the following resources are available to

support you now and through this transition: King County’s Making Life Easier program

Workforce Management Manual October 2020 Page 43

(www.KCMakingLifeEasier.com, 1-888-874-7290) and the Employee Assistance Program (206-

263-8733 or by email at [email protected]).

Sincerely,

Name

Division Director

Enc.

CC w/o Enc: Department Human Resource Manager

Personnel File

Union Representative (if employee is represented)

ACKNOWLEDGEMENT OF RECEIPT:

_____________________________________________________ __________

Employee Signature Date

Workforce Management Manual October 2020 Page 44

APPENDIX E: SAMPLE OF LAYOFF NOTIFICATION for CAREER SERVICE

EXEMPT EMPLOYEE; these individuals are at-will and do not receive a “proposed layoff

notification” (e.g., appointed employees, Term-Limited Temporary)

Delivered via <Method of transmission; e.g.,

email, hand delivery, U.S. Mail, certified mail>

Date

<name>

<Address>

<city,state, zip>

RE: Notice Layoff

Dear <Employee Name>:

This letter is to give you notice that the Department of <specify> will be eliminating your

position of <classification>, effective <Month, Day, Year>. <Brief explanation of why the

department is taking this action>. It was a difficult business decision that had to be made

which unfortunately affects your position, but we are providing you with notice now to allow

you as much time as possible to plan and prepare for this transition.

As an exempt employee, you are not covered by the provisions of the County’s career service

system. You may be eligible for some services offered by Career Support Services (CSS),

however the Priority Placement Program (PPP) is not available to employees who are exempt

from the career service. You are eligible to apply and be considered for any career service

vacancy through the normal recruitment process; and be aware you are considered “internal” for

those positions that are advertised as open only to “internal” County employees.

Enclosed with this letter is a packet containing important information about your layoff and

benefits. Please review and carefully consider this information as soon as possible. Included in

this packet is:

1. a copy of layoff/reduction in force provisions from your collective bargaining agreement

<delete this line if the employee is not represented>,

2. program information about the County’s Career Support Services, including a Reduction

in Force Elections Form (action required),

3. a list of resources/links for employees being laid off which provide information on a

variety of topics including benefits, retirement and unemployment, and

4. information about the Making Life Easier program (MLE) and Employee Assistance

Program (EAP).

If you have questions about any aspect of the layoff process, please contact <Name>, our agency

Layoff Coordinator. <If employee is represented, add: As a represented an employee, I also

Workforce Management Manual October 2020 Page 45

encourage you to contact your Union representative if you have questions about your

contractual rights.>

Your supervisor will coordinate with you the return of all County owned property including bus

pass/identification cards, key cards, keys, laptop, cell phones, uniforms, etc., before your last day

at work.

I know this is difficult news to receive. As a reminder, the following resources are available to

support you now and through this transition: King County’s Making Life Easier program

(www.KCMakingLifeEasier.com, 1-888-874-7290) and the Employee Assistance Program (206-

263-8733 or by email at [email protected]).

Sincerely,

Name

Division Director

Enc.

CC w/o Enc: Department Human Resource Manager

Personnel File

Union Representative (if employee is represented)

ACKNOWLEDGEMENT OF RECEIPT:

_____________________________________________________ __________

Employee Signature Date

Workforce Management Manual October 2020 Page 46

APPENDIX F: SAMPLE OF FINAL LAYOFF NOTIFICATION FOR CAREEER

SERVICE EMPLOYEES, ISSUED POST-LOUDERMILL (modify as needed to reflect whether

Loudermill was held or not held; and whether proposed layoff decision is sustained or being rescinded)

Delivered via <Method of transmission; e.g.,

email, hand delivery, U.S. Mail, certified mail>

Date

<name>

<Address>

<city,state, zip>

RE: Layoff Notice

Dear <Employee Name>

Option 1 – Employee chose not to have a Loudermill meeting:

This is in follow-up to the <date> proposed layoff notification letter that you received. In that letter, I

provided the basis for the proposed decision, but also provided you an opportunity to share additional

information for me to consider prior to a final decision being made. You opted to not exercise your right

to provide additional information. Given the circumstances for eliminating your position have not

changed, and there is no additional information to consider, this letter serves as a final notification of your

layoff which will be effective <date>.

Option 2: Employee chose to have a Loudermill meeting/provide additional information to be considered:

This is in follow-up to the Loudermill meeting held regarding the <Date> proposed layoff notification

you received. In that letter I provided the basis for the proposed decision but also provided you an

opportunity to share additional information for me to consider prior to a final decision being made.

We met on <Date>. In attendance were you, <names of others> and me. You shared <brief summary of

the meeting including what the employee and/or Union rep shared>.

We appreciated the opportunity to meet and discuss the proposed layoff with you. Unfortunately, the

additional information you shared does not change the circumstances for eliminating your position or

warrant rescinding the proposed layoff notice. Therefore, this letter serves as a final notification of your

layoff which will be effective <date>.

For Option 1 and 2:

Please review the packet of information you received with the proposed layoff notification. It

contains important information about your layoff and resources available to you. If you have

questions about any aspect of the layoff process, please contact <Name>, our department Layoff

Workforce Management Manual October 2020 Page 47

Coordinator. <If employee is represented, add: As a represented an employee, I also

encourage you to contact your Union representative if you have questions about your

contractual rights.>

Your supervisor will coordinate with you the return of all County owned property including bus

pass/identification cards, key cards, keys, laptop, cell phones, uniforms, etc., before your last day

at work.

Again, I know this is difficult news to receive. As a reminder, the following resources are

available to support you now and through this transition: King County’s Making Life Easier

program (www.KCMakingLifeEasier.com, 1-888-874-7290) and the Employee Assistance

Program (206-263-8733 or by email at [email protected]).

Sincerely,

Name

Division Director

Enc.

CC w/o Enc: Department Human Resource Manager

Personnel File

Union Representative (if employee is represented)

Workforce Management Manual October 2020 Page 48

APPENDIX G: LAYOFF PACKET (suggested documents to include in Layoff Packet

that accompanies the proposed layoff letter for career services employees or the layoff letter

for career service exempt employees)

1. Copy of Reduction in Force/Layoff/Bumping Language from the employee’s Collective

Bargaining agreement (if represented)

2. Information about your right to provide additional information before a final decision is

made, including a Loudermill Meeting Option Form (included below)

3. Program information about the County’s Career Support Services and Priority Placement

Programs designed to help employees facing a layoff, including a Reduction in Force

Elections Form (included below)

4. A list of resources/links for employees being laid off which provide information on a variety

of topics including benefits, retirement and unemployment (included below)

5. Information for the County’s Making Life Easier program (MLE) and Employee Assistance

Program (EAP) (included below)

Workforce Management Manual October 2020 Page 49

Loudermill Meeting - Rights and Options

As a Career Service employee who received a Notice of Proposed Layoff, you have the right and

opportunity to offer any additional information to the decision maker that you would like

considered prior to a final decision being made. This is called a “Loudermill” meeting.

✓ NEXT STEP – ACTION REQUIRED:

Complete and return the attached Loudermill Meeting

Option Form to your Department Layoff Coordinator

within 5 calendar days of the date that this letter was post-

marked or hand-delivered, or as required by your Collective

Bargaining Agreement, if you are represented.

Workforce Management Manual October 2020 Page 50

LOUDERMILL MEETING OPTION FORM

Because you have received a Proposed Layoff Notification, you have a right and an opportunity to

offer any additional information to the decision maker that you would like considered prior to a

final decision being made. This is called a “Loudermill” meeting.

Employee Instructions:

1. Fill out information below and check appropriate box.

2. Make a copy for your own records.

3. Provide a copy of this form to your Department Layoff Coordinator within 5 calendar days of the date

that this letter was post-marked or hand-delivered, or as required by your Collective Bargaining Agreement, if

you are represented.

Employee Name:

Job Title:

Union, if represented:

Personal Email (if you do not have a work email that you regularly check):

Home or Personal Mobile Phone Number (if you do not have a work phone number at which you can be

easily reached):

Please check your desired option below:

I wish to have a Loudermill meeting.

Yes No

I do not wish to have a Loudermill meeting but am inclosing written materials which I would like the Director to

consider in making the final decision.

Enclosing written materials

If you opt for a Loudermill meeting, your department will immediately begin the process to

schedule the meeting and will contact all necessary parties. Generally, this meeting is attended by

you, the manager or director making the final decision, and a Human Resources staff person. If

you are represented and would like your Union representative present, it is your responsibility to

contact your union representative.

If you do not opt for a Loudermill meeting, or if you do not return this form within 5 calendar

days of the date that this letter was postmarked or hand-delivered, you will waive your right

to respond to this matter and the director or designee will issue a final decision based on the

current available information.

Workforce Management Manual October 2020 Page 51

King County Career Support Services and Priority Placement Programs

Assistance for Employees Facing Layoff

Career Support Services (www.kingcounty.gov/CSS):

Career Support Services (CSS) provides information sessions and workshops on a variety of

career related topics including sessions specifically for King County employees facing a layoff.

Topics focus on County resources/services (including the Priority Placement Program),

Washington State resources and services, creating effective application materials, interviewing

skills, etc.

Priority Placement Program (www.kingcounty.gov/PriorityPlacement):

We understand that experiencing a layoff can be a difficult time for employees and their families.

Career service employees who receive formal written notification of lay off or having their full-

time employment reduced are eligible for Priority Placement into non-promotional career service

and temporary positions for which they qualify.

• Priority Placement means the layoff employee’s eligibility for vacant non-promotional positions

will be evaluated immediately for potential placement.

• Employees are eligible for priority placement immediately upon receipt of a written layoff

notice and for up to two years from the effective date of layoff or until the individual is restored

to pre-layoff employment status, whichever comes first.

✓ NEXT STEP – ACTION REQUIRED:

To enroll in the programs, complete the attached Reduction

In Force Elections Form Within 10 business days, and send

it to your Department Layoff Coordinator.

Workforce Management Manual October 2020 Page 52

Reduction in Force Elections Form *** PLEASE PRINT CLEARLY OR TYPE ***

Employee Instructions:

4. Fill out information below and check appropriate boxes. 5. Sign and date the bottom of this form. 6. Make a copy for your own records. 7. Within 10 business days, send a copy of this Election Form to your

Department Layoff Coordinator.

Department Layoff Coordinator Instructions:

1. Review the submitted form for completion. 2. Sign and date the bottom of this form. 3. Immediately email a scanned copy of the form to

[email protected]

Employee Name: Date of Layoff:

Job Title: Department/Division:

Personal Email: Union:

Home or Personal Mobile Phone Number: Office Phone Number:

BUMPING RIGHTS (represented employees)

Please mark only one of these options.

There are no bumping options.

I choose to exercise my bumping rights as provided in my collective bargaining agreement. I understand that I

will be notified later of specific bumping options.

I choose to NOT exercise my bumping rights as provided in my collective bargaining agreement.

CAREER SUPPORT SERVICES (CSS)/PRIORITY PLACEMENT PROGRAM ENROLLMENT

Please mark only one of these options.

I choose to enroll in the Career Support Services and Priority Placement Programs BECAUSE (select from the options

below): My position is being eliminated as identified in my notice of layoff. My hours are being reduced as identified in my notice of layoff. I am interested in placement back to a comparable position ONLY IF I do not have bumping options or my

bumping option results in placement into a lower position or temporary position.

I choose to NOT to enroll in the Career Support Services and Priority Placement Programs at this time. I understand

that I remain eligible to enroll in the these for up to two years after the date of my layoff.

I choose to resign from my position effective on this date: __________________, which is prior to my effective date of

layoff. I understand that if I resign, I will NOT be eligible to enroll in these programs.

I choose to retire effective on this date __________________________. I understand that if I retire, I will NOT be

eligible to enroll in these programs.

Employee Signature

Date

Dept. Layoff Coordinator Signature

Date

King County Career Support Services/Priority Placement Program www.kingcounty.gov/CSS

Version: July 8, 2020

Workforce Management Manual October 2020 Page 53

Resources for Employees Who Are Laid Off

Resources at a glance:

A variety of resources and information is available for King County employees who are being

laid off. A summary of resources can be found on the attached “Employee Layoff Resources”

or at https://www.kingcounty.gov/~/media/audience/employees/career-

services/Links_to_resources_for_layoff_employees.ashx?la=en.

Additional information can be obtained from King County Career Support Services or by

attending one of their information sessions:

• www.kingcounty.gov/CSS

[email protected]

• 206-477-4460

Benefits, Retirement, Unemployment Compensation Questions?

Information on leaving County employment may be accessed at the Benefits, Payroll and

Retirement website at: www.kingcounty.gov/leaving-employment. The website provides information

regarding COBRA and continuation of your medical, dental and vision health benefits; the Dislocated

Worker Program; and Unemployment Insurance. The website also provides a “Leaving Employment

Checklist” to guide you through a step by step process of separating from King County employment.

Please contact an Employee Benefits, Payroll and Retirement representative at 206-684-1556 or

[email protected] if you have additional questions about benefits or retirement.

Unemployment Questions?

The King County Unemployment Compensation Program is administered in accordance with

Washington State Law. To determine your eligibility or to resolve any other unemployment

compensation questions, please contact your local Washington State Employment Security

Office at 1‐855‐829‐9243 or go to https://esd.wa.gov/.

Workforce Management Manual October 2020 Page 54

Workforce Management Manual October 2020 Page 55

Workforce Management Manual October 2020 Page 56

Making Life Easier and Employee Assistance Programs

Both the Making Life Easier Program (MLE) and Employee Assistance Program (EAP) provide

free confidential services to all employees, including assessments, brief counseling, and referrals

to providers regarding concerns that are affecting their personal and/or work life.

Additionally, MLE services will be available to you for 3 calendar months following your

separation from King County. For more information about these programs visit:

Making Life Easier Program:

• www.KCMakingLifeEasier.com (Username: King County)

• 1-888-874-7290

Employee Assistance Program:

• www.kingcounty.gov/EAP

[email protected]

• 206-263-8733